It is very much shocking to notice that the Executive Magistrates have been passing orders under Section 122 (1)(b) of Cr.P.C (imprisonment for breach of bond to maintain peace and good behaviour) detaining the accused for a period between six months to one year in a very casual manner and more importantly, affecting the personal liberty, which is guaranteed under Article 21 of the Constitution, observed the Madurai Bench of the Madras High Court.
Justice K. Murali Shankar observed that it is the right time for the government to take appropriate steps to conduct training or refresher courses to the newly appointed or promoted Executive Magistrates about the basic concepts of criminal law, how to conduct enquiry and how to pass reasoned orders.
The judge observed that the court is constrained to say that the Executive Magistrates without knowing / understanding the basic concepts of criminal justice delivery system and by conducting some sort of enquiry as per their whims and fancies, are playing with the personal liberty of the accused, casually and mechanically.
The police after losing their cases before the regular courts are now attempting to punish the accused and detain them in prison through the back door method by invoking the provisions of Chapter VIII of Cr.P.C which contains provisions relating to bond for keeping peace and good behaviour and also the consequences emanating from the breach of such bond.
Though the Executive Magistrates were conferred powers to conduct the proceedings under Sections 106 to 110 of Cr.P.C, it is settled law that the said proceedings are judicial in nature. It is pertinent to note that the criminal jurisprudence mandates that a person, who is charged with an offence must be given an opportunity, which should be meaningful and fair in terms of Article 21 of Constitution. The basic concept is very much applicable to an enquiry contemplated under Sections 106 to 110 of Cr.P.C, which are triable by the Executive Magistrates, the judge observed.
The Executive Magistrates, who are not following the principles laid down by the court and are passing the orders recklessly and mechanically are to be dealt with severely and necessary departmental action should be initiated, the judge observed while setting aside an order passed by a Sub Divisional Magistrate cum Revenue Divisional Officer in Karur district under Section 122 (1)(b) of Cr.P.C.
